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DEB 14 I /Y/S8
RESOLUTION NO. 7 8 cq
A RESOLUTION AFFIRMING THAT CERTAIN STREET AREAS
ON N.E. 2ND AVENUE FROM 35TH STREET TO 36TH STREET
WITHIN ITS CORPORATE LIMITS HAVE BEEN MAINTAINED
BY THE CITY OF MIAMI, FLORIDA, FOR MORE THAN FOUR
YEARS; DESIGNATING SUCH AREAS AS A STREET PRESUMED
TO HAVE BEEN DEDICATED TO PUBLIC USE; CLAIMING ALL
RIGHT, TITLE, EASEMENT, AND APPURTENANCES THEREIN
AND THERETO TO HAVE BECOME VESTED IN THE CITY OF
MIAMI, FLORIDA, UNDER CHAPTER 337.31, LAWS OF
FLORIDA, ACTS OF THE LEGISLATURE, 1967 SESSION;
DIRECTING THE FILING IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA ON BEHALF OF THE CITY OF MIAMI,
FLORIDA, A PLAT BY WHICH SUCH AREAS ARE SHOWN TO
BE CLAIMED AS A DEDICATED PART OF A PUBLIC STREET,
A COPY OF SUCH PROPOSED PLAT BEING ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF.
WHEREAS, the City of Miami, in the State of Florida, has
continuously maintained for more than four years certain
portions of N.E. 2nd Avenue from N.E. 35th Street to N.E.
36th Street within the corporate limits of the City of Miami
and thereby, under the provisions of Chapter 337.31, Laws of
Florida, Acts of the Legislature, 1967 Session, has been
vested with all right, title, easement, and appurtenances
therein and thereto for the benefit and use of the public
and for its use as a dedicated street, and
WHEREAS, Chapter 337.31, Acts of the Legislature of
Florida, 1967 Session, provides that a plat of the areas so
claimed by the City of Miami, Florida, when filed in the
office of the Clerk of the Circuit Court of the County in
which such street is located, in this case Dade County,
Florida, shall constitute prima facie evidence of the owner-
ship by the City of Miami,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISS -9a- OE.__.._,_____�
CITY COMMISSION 1
THE CITY OF MIAMI, FLORIDA: MEETING' fF
ic;-: �. E a r f; rir INDEX FEB 1 71972
IGIVIJIJ Ilk �Ii Y�I, I rli1 JVIW
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Section 1. It is hereby declared to be a fact that the
areas of N.E. 2nd Avenue from N.E. 35th Street to N.E. 36th
Street shown and described on the proposed plat of portions
of N.E. 2nd Avenue, a copy of which is attached hereto and
by this reference made a part hereof, as though fully con-
tained herein, have been continuously used and maintained
as portions of N.E. 2nd Avenue areas by the City of Miami,
Florida, for more than four years, and that the City of
Miami, Florida, claims all right, title, easement, and appur-
tenances therein and thereto for the benefit and use of the
public for dedicated street purposes and any further use
incident to or connected with such dedicated street purposes.
Section 2. The Department of Public Works be and it is
hereby directed to file a plat of said areas maintained by
the City of Miami for more than four years as a part of N.E.
2nd Avenue as it exists from N.E. 35th Street to N.E. 36th
Street, which areas have not been specifically dedicated
for public use for street purposes, and it is further hereby
directed that said plat shall be duly certified by the Mayor
and the City Clerk of the City of Miami, and the official
seal of said City shall be affixed and such plat shall be
recorded in the Public Records of Dade County, Florida.
Section 3. The filing for record of said plat is hereby
declared to be notice to the public of the claim by the
City of Miami, Florida, of its fee simple title ownership
for the benefit of the public of the areas thus dedicated,
"Areas deemed to be dedicated to the City of Miami, Florida",
as shown on said plat and specifically described and included
in the dedicated areas of said N.E. 2nd Aven
PASSED AND ADOPTED this / day of
1972.
PREPARED AND APPROVED BY:
REVIEWED BY: f -�
Jack R. Rice, Jr.
Asst. to Dir. of Dept.
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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